Requirements to Vote by Mail
What’s at stake: Some states still require an excuse to vote by mail, and a handful aren’t accepting concern about infection as a legitimate one. Voting rights groups argue that fear of coronavirus should count.

By law, 34 states plus Washington don’t require an excuse to vote by mail. Many others have temporarily relaxed their rules in response to the pandemic. Lawsuits have been filed in nine states seeking to permanently overturn those requirements or acknowledge that the coronavirus is a valid excuse. In Texas, the state Supreme Court upheld a law that allows people over 65 to vote absentee, but requires excuses from younger voters. A federal lawsuit is ongoing.

Requiring a Witness
What’s at stake: Some states want absentee ballots signed in front of a witness, but voting rights groups say that would be too risky for some voters if the virus is still spreading in the fall.

A dozen states have laws requiring a mail-in ballot be either signed by a witness or notarized. Those requirements are being challenged in multiple lawsuits that argue the restriction is too high a barrier when voters are being told to stay at home or reduce social contact because of the coronavirus.

Limits on Turning in Ballots
What’s at stake: Some states limit so-called “ballot harvesting,” but Democratic-aligned lawyers are seeking to expand the practice in case of problems with the mail.

In 10 states, voters can let a family member drop off their ballot, while in 26 states they can give it to someone else, such as a representative of a political party. Trump has argued without evidence that this practice, sometimes called “ballot harvesting,” allows widespread fraud. Republicans have sued in California and Pennsylvania to restrict ballot collection, while Democrats have sued in multiple states to expand it. Elections experts say more lawsuits may be coming.

Ballot Drop-Off Sites
What’s at stake: Pennsylvania allowed voters to drop off ballots at public libraries, but the Trump campaign argued that could lead to voter fraud.

Mail-in voting surged in Pennsylvania’s recent primary, overwhelming local elections officials charged with collecting ballots. In response, some areas of the state set up drop boxes where voters could securely leave ballots in schools, libraries and community centers. The Trump campaign and the Republican National Committee sued, noting that state law required ballots be dropped off at elections offices and arguing that expanding drop box sites “exponentially enhanced” the risk of fraud.

Deadlines for Mail-In Ballots
What’s at stake: Most states require mail-in ballots be received by Election Day, which this year is Nov. 3, but Democratic-aligned lawyers say ballots postmarked by Election Day should count so voters aren’t disenfranchised by slow mail service.

Most states require mail-in ballots be received by Election Day, although a few count them if they’re postmarked by Election Day but received as many as 14 days later. Voting rights groups and Democratic-aligned lawyers are suing states to switch to postmark deadlines, with lawsuits in more than a dozen states, including Florida, Michigan, North Carolina, Pennsylvania and Wisconsin. Experts say lawsuits could multiply after the election, especially if problems crop up with slow mail service.